Affiliate Marketing Program Terms and Conditions for Derma Botanica

Introduction

Welcome to the Derma Botanica Affiliate Marketing Program ("Agreement"), powered by Social Snowball. This program is designed to reward our valued affiliates for referring new customers to our products and services. By participating in this program, you agree to comply with these Terms and Conditions. Please read them carefully. The parties to this Agreement are sometimes referred to herein as "Party" or "Parties".

 

Eligibility

  1. To be eligible for participation in the Derma Botanica Affiliate Program, applicants must be 18 years or older and have an active and valid method of payment reception.
  2. Affiliates must provide accurate information and maintain an active, functional website or platform.
  3. Employees of Derma Botanica and members of their immediate households are not eligible to participate. Each individual may maintain only one affiliate account.
  4. Derma Botanica reserves the right to approve or reject any application to the program at its sole discretion.

 

Program Participation

  1. Affiliates will receive a unique referral code and/or link to share with potential new customers.
  2. Commissions are earned on qualifying sales that are directly attributable to the affiliate's referral code or link. A qualifying sale is a completed, paid order by a new customer that has not been refunded, canceled, or charged back.
  3. Derma Botanica's tracking system is the sole and definitive record of referred traffic, orders, and commissions.
  4. Affiliates are responsible for ensuring their referral methods comply with all applicable laws and regulations.

 

Affiliate Obligations

  1. Affiliates are responsible for promoting our products and services in a lawful and ethical manner and comply with all applicable laws and regulations.
  2. Affiliates agree that they will not engage in misleading advertising, spam, or any form of unethical marketing or make false claims about our products or services.
  3. Affiliates must clearly and conspicuously disclose their material connection to Derma Botanica in all content promoting our products, in accordance with Federal Trade Commission (FTC) guidelines. A disclosure placed only in a profile bio or within a block of hashtags does not satisfy this requirement.
  4. Affiliates may not state or imply that any Derma Botanica product treats, cures, prevents, or heals any disease or medical condition, and may not make clinical or performance claims that Derma Botanica has not provided in writing.

 

Commission and Payments

  1. Commission will be paid to Affiliates on the net sales of referred customers. Commission rates are subject to change at Derma Botanica's discretion. Affiliates will be notified of any changes.
  2. Payments of commissions are contingent upon the collection of funds from the referred customer. Commission payments will be made within sixty (60) days of the collection of funds from referred customer.
  3. Returned or canceled sales will result in the deduction of the corresponding commission from the affiliate's balance.
  4. All commissions are subject to review and verification by Derma Botanica. This process is to ensure the integrity of the Affiliate Marketing Program and may include the delay or withholding of payment while an investigation is conducted.
  5. Commissions deemed to be earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Bidding on keywords and running ads on search engines such as Google, Yahoo, Bing, etc. are considered overly aggressive methods. Sales and orders obtained through these means will automatically be voided. Affiliate must receive written permission from Derma Botanica prior to running any paid advertisements.
  6. Derma Botanica reserves the right to withhold, delay or void any payment of commissions pending an investigation of breach of these terms.
  7. Affiliates are independent contractors and are solely responsible for all taxes arising from commissions and any non-cash consideration received. Derma Botanica may require a completed IRS Form W-9 or W-8BEN before issuing payment.

 

Coupon and Deal Sites

  1. Posting on coupon websites, such as CouponBird and Honey, is strictly prohibited. Affiliates found to be sharing or allowing their codes to be posted on such sites will be subject to immediate termination from the program and forfeiture of any pending commissions.
  2. The use of cookie stuffing, hidden links, self-referral, or any deceptive tracking practices is strictly prohibited.
  3. Affiliates may not purchase Derma Botanica products for resale, or list or sell Derma Botanica products on any marketplace or retail channel.
  4. Affiliates are encouraged to report any unauthorized use of their codes to Derma Botanica for investigation.

 

Intellectual Property

  1. Derma Botanica hereby grants Affiliate a non-exclusive, royalty-free, non-assignable, revocable right, without the right to grant such right to others, to use Derma Botanica's trademarks solely in connection with this Agreement and for no other purpose. Affiliate shall not use any of the trademarks, or any portion thereof, as part of a trade name, fictitious business name, domain name, social media handle, or name of a partnership or corporation without Derma Botanica's prior written consent.
  2. Affiliates may not alter any brand assets provided by Derma Botanica without prior written consent.
  3. All promotional materials, including but not limited to images, logos, and slogans, must be used in a manner that is respectful and consistent with Derma Botanica's brand guidelines.
  4. Affiliate grants Derma Botanica a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, edit, and distribute any content Affiliate creates featuring Derma Botanica or its products, in any medium, including paid advertising, email, and the Derma Botanica website, together with Affiliate's name, handle, and likeness.
  5. Derma Botanica may revoke the Affiliate's license to Derma Botanica Intellectual Property at any time, for any reason, at Derma Botanica's sole discretion. Upon revocation or termination, Affiliate shall promptly cease all use of Derma Botanica's Intellectual Property and remove it from all channels under Affiliate's control.

 

Termination

  1. Either party may terminate the affiliate relationship at any time, with or without cause, upon written notice.
  2. Upon termination, the affiliate must cease all use of Derma Botanica branding, promotional materials, and referral links or codes.
  3. Affiliates found engaging in fraudulent activities, spamming, or violating these terms will be removed immediately without payment, and any unpaid or pending commissions in the affiliate's balance will be forfeited.

 

Limitation of Liability

Derma Botanica will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Derma Botanica does not guarantee any level of success or earnings for affiliates. Derma Botanica's total aggregate liability under this Agreement shall not exceed the total commissions paid to Affiliate in the twelve (12) months preceding the claim.

 

Indemnification

The Affiliate agrees to indemnify, defend, and hold harmless Derma Botanica, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

  1. Any breach of this Agreement by the Affiliate.
  2. Any violation of applicable laws, regulations, or third-party rights, including but not limited to intellectual property rights and privacy laws.
  3. Any misrepresentation, fraud, or other misconduct in connection with the Affiliate's participation in the program.
  4. Any claims, damages, or liabilities arising from the Affiliate's marketing activities, including but not limited to false advertising, deceptive practices, failure to disclose a material connection to Derma Botanica, unsubstantiated product performance or health claims, or non-compliance with Federal Trade Commission (FTC) guidelines or U.S. Food and Drug Administration (FDA) requirements applicable to cosmetic products.

Derma Botanica reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Affiliate. In such a case, the Affiliate agrees to cooperate with Derma Botanica in the defense of such claims.

 

Amendment

Derma Botanica reserves the right to update and change these Terms and Conditions from time to time. Except where these Terms expressly require notice, changes are effective upon posting. Continued participation in the program after such changes shall constitute your consent to such changes.

 

Governing Law and Jurisdiction

The terms of the Derma Botanica Affiliate Marketing Program shall be governed by the substantive law of New York.

If the Parties disagree as to any matter arising out of or relating to this Agreement or the transactions contemplated by this Agreement, including termination issues, the Parties will promptly consult with one another in an effort to resolve the disagreement. If such effort is unsuccessful, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, will be settled exclusively by arbitration in New York, New York, before a single arbitrator, in accordance with the Consumer Arbitration Rules of the American Arbitration Association. All claims must be brought in a Party's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Judgment upon the arbitration award shall be entered in a court of competent jurisdiction in New York, New York. The arbitrator will have the power to render equitable, as well as other, awards and relief. Notwithstanding the foregoing, Derma Botanica may seek injunctive relief in any court of competent jurisdiction to protect its Intellectual Property.

The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not be disclosed to a third party without the prior consent by the other Party. Exceptions to the foregoing shall only apply to the extent that disclosure may be required of a Party due to mandatory law, an order of a competent court or public authority, or to protect, fulfil or pursue a legitimate legal right or obligation.

 

Survival

The sections titled Intellectual Property, Limitation of Liability, Indemnification, and Governing Law and Jurisdiction survive termination of this Agreement. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in effect.

 

Agreement

By participating in the Derma Botanica Affiliate Marketing Program, you agree to abide by these Terms and Conditions. You understand that violation of any terms may result in the termination of your participation in the program and forfeiture of any accrued commissions.

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